Speaker of Parliament or Premier will name minister of defense

The Speaker of Parliament or the Prime Minister will hold office of President on an interim basis for issuing the decree to name the minister of defense. Given that the President deliberately refused to fulfill the constitutional obligation to name the candidate proposed two times by the Premier for minister of defense, this will be temporarily removed from office. The Constitutional Court passed the judgment on October 20, IPN reports.

“Consequently, the Court holds that the President of the Republic of Moldova’s refusal to fulfill his constitutional obligation to name the candidate for minister of defense fielded by the Prime Minister two times and to execute the CC judgment No. 2 of January 24, 2017 represents a serious violation of his constitutional duties and oath taken when being sworn in,” stated the Court. Thus, the Speaker of Parliament or the Premier, as acting President, will sign the decree to name the minister of defense and will swore this in. The office of President will be held only for this purpose.

“The show goes on. The roles were distributed and played,” the President’s adviser Maxim Lebedinski told the press after the judgment was passed. He condemned the decision and said that everyone assumed responsibility for their deeds. There will yet be other situations when the CC will have to choose between conscience, legality and the set tasks.

At the start of the Constitutional Court’s meeting, Maxim Lebedinski asked to replace the CC judges, saying Speaker Andrian Candu in a press beefing said experts work together with CC judges on an application to remove the President from office. “The Code of Constitutional Case Law provides that the judges of the Constitutional Court cannot take part in the examination of cases where the decision was taken with their participation. Given the statements made by the Speaker about this situation, there are suspicions that CC judges became involved in the formulation of the application. If the CC judges say they didn’t take part in this, it means that Mister Candu lied to the public when he said that the actions were consulted with Constitutional Court judges. Only they know the truth,” he stated.

As a result of deliberations, the CC rejected the request to replace the judges as abusive and evidently unfounded.

On September 12, this year, the Premier proposed Eugen Sturza for the post of minister of defense to President Igor Dodon, but this rejected the candidate. The Premier fielded the same candidate again and this was rejected the second time. On September 19, 2017, the executive requested the Constitutional Court to clarify the actions that can be taken by the Prime Minister and the decisions that can be adopted by Parliament if the President rejects a candidate for minister two times.

In its October 17 decision, the CC provided that the President of the Republic of Moldova has the right to check the compatibility of the candidate proposed by the Prime Minister for a post, but does not have the right of veto on the Premier’s proposal. The President’s refusal to fulfill his constitutional obligation to name the candidate proposed again by the Premier is a serious violation of the constitutional obligations. Also, the President’s refusal to fulfill a constitutional obligation represents temporary incapacity to carry out this duty and justifies the temporary removal from office. In such a case, the post of President is held on an interim basis by the Speaker of Parliament or the Prime Minister.

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